COUNSEL'S CORNER

Fast Tracks to Disability Benefits - Compassionate Allowances

By Sarah Kraemer Isaacs, Staff Attorney

Unfortunately, as many of our clients have learned, the Social Security Administration’s process for reviewing claims and awarding benefits tends to be lengthy. It often takes many months or even years before a final decision is rendered and claimants finally receive their much needed benefits. . However, in 2008, in an effort to tackle the backlog and provide benefits as soon as possible to those in critical need, SSA implemented the Compassionate Allowance program.

The Compassionate Allowance program is designed to quickly identify medical conditions that, by definition, meet the SSA’s standards for disability benefits, thus expediting the cumbersome and prolonged application and review process.  If a claimant provides medical evidence that he or she suffers from one of the ailments on the Compassionate Allowance list, the disabling nature of the illness and its severity are automatically established. Therefore, his or her claim can be quickly processed, sometimes in a matter of days. Assuming the person meets the SSI resource requirements and/or the SSDI work history requirements, the claimant can start receiving benefits almost immediately.

The Compassionate Allowance program has created a list of 100 conditions that primarily include cancers, adult brain disorders and a number of rare disorders affecting children. These include twelve new conditions involving severe heart diseases which were added to the list on July 14, 2011. While these additions are vital, the mental health community as a whole was disappointed to learn that schizophrenia was not also included, despite the Administration’s hearing held in 2009 considering possible inclusion of the illness. 

Presumptive Disability and Presumptive Blindness

There are other avenues to obtain expedited payments for claimants awaiting determination of their disability claims under social security.   The SSA has identified four situations where benefits can be obtained.  Most relevant for this discussion is if the claimant has a “presumptive disability”, as that is defined by law, or “presumptive blindness”. In that case, six months of expedited payments may be possible while determination is pending.  Examples of presumptive disability conditions are total blindness, total deafness, long term bed confinement due to a longstanding condition and amputation of a leg at the hip. A more comprehensive list can be found on the SSA website. However, only SSI (and not SSDI) benefits are eligible for presumptive status. Nevertheless, if it is ultimately determined that the claimant is not entitled to benefits, he or she will not be required to return the presumptive payments.

Conclusion

As advocates for the disabled, the majority of whom may as a consequence of their disability be financial indigent, we must continue to push for ways to get them the financial support they need in as timely a way as possible. Unfortunately, for these most vulnerable members of our society, justice delayed may many times result in justice denied.

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant's disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney's fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF's educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification.